People v Edwards

Holding The court affirmed the designation of the defendant as a level three sex offender, finding that the County Court properly assessed points for continuous sexual misconduct and substance abuse. The defendant failed to meet the burden of proof required to sustain an application for a downward departure from the presumptive risk level.

The court’s words

In establishing a defendant's risk level pursuant to SORA, the People bear the burden of establishing facts supporting the determination sought by clear and convincing evidence

2026 NY Slip Op 05329, at the official text

the defendant failed to sustain his burden of proof in support of his application for a downward departure, as the mitigating factor identified by the defendant did not tend to establish a lower likelihood of reoffense or danger to the community

2026 NY Slip Op 05329, at the official text